Consulting Agreement Template for Austria

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Key Requirements PROMPT example:

Consulting Agreement

"I need a Consulting Agreement under Austrian law for an IT security consulting firm providing cybersecurity advisory services to a medium-sized manufacturing company, with special emphasis on data protection and confidentiality provisions, starting March 1, 2025."

Document background
This Consulting Agreement template is designed for use under Austrian law when establishing professional consulting relationships between service providers and clients. It is particularly relevant when engaging external expertise across various business sectors, whether for short-term projects or ongoing advisory services. The agreement includes essential provisions required by Austrian commercial and civil law, addresses GDPR compliance, and clearly defines the independent contractor status of the consultant to avoid potential employment classification issues. The document is structured to protect both parties' interests while ensuring regulatory compliance, making it suitable for both individual consultants and consulting firms providing services to Austrian businesses or organizations operating under Austrian jurisdiction.
Suggested Sections

1. Parties: Identification of the consultant and the client, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' intent to enter into a consulting relationship

3. Definitions: Key terms used throughout the agreement defined for clarity and consistent interpretation

4. Scope of Services: Detailed description of consulting services to be provided, including deliverables and expectations

5. Term and Duration: Period of the agreement, including start date and duration or end date

6. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

7. Obligations of the Consultant: Consultant's duties, responsibilities, and standard of service

8. Obligations of the Client: Client's responsibilities, including provision of information and cooperation

9. Independent Contractor Status: Clear statement of consultant's independent status to avoid employment classification

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data processing obligations

12. Intellectual Property: Ownership and rights to work products and pre-existing IP

13. Liability and Indemnification: Extent of consultant's liability and indemnification obligations

14. Termination: Conditions and procedures for ending the agreement

15. Governing Law and Jurisdiction: Specification of Austrian law and competent courts

16. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Non-Competition: Restrictions on consultant's ability to work with competitors, include only if specifically required and ensure compliance with Austrian competition law

2. Insurance: Requirements for professional liability insurance, relevant for high-risk or regulated consulting services

3. Performance Metrics: Specific KPIs or success metrics, useful for long-term or complex consulting projects

4. Warranty: Specific warranties for consulting deliverables, relevant for technical or specialized consulting

5. Force Majeure: Provisions for unforeseeable circumstances, particularly relevant post-COVID

6. Assignment and Subcontracting: Rights to transfer obligations or use subcontractors, if relevant to service delivery

7. Audit Rights: Client's rights to audit consultant's work, relevant for regulated industries or complex projects

Suggested Schedules

1. Schedule 1 - Service Description: Detailed specification of consulting services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3 - Timeline and Milestones: Project timeline, key dates, and delivery milestones

4. Schedule 4 - Key Personnel: List of key consultant personnel assigned to the project

5. Schedule 5 - Client Materials: List of materials, information, or resources to be provided by the client

6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions

7. Appendix B - Confidentiality Agreement: Detailed confidentiality terms if required beyond main agreement provisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Management Consulting

Information Technology

Financial Services

Healthcare

Education

Manufacturing

Professional Services

Public Sector

Energy and Utilities

Real Estate

Telecommunications

Environmental Services

Legal Services

Human Resources

Marketing and Advertising

Research and Development

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Compliance

Risk Management

Project Management Office

Business Development

Contract Administration

Professional Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Procurement Manager

Project Manager

Human Resources Director

Business Development Manager

Operations Director

Department Head

Managing Director

Consultant

Independent Contractor

Professional Services Manager

Contract Administrator

Risk Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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